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Livestream - Professionalism, Ethics & Malpractice


CLE Hours: 3 including 3 General, 2 Ethics, 1 Professionalism, 0 Trial Practice


Dates


Description

Please Note

Speakers, session times and credit hours are subject to change.


 


 

Presiding:

 

Jeffrey M. Smith, Program Chair; Greenberg Traurig LLP, Atlanta, GA

 

 

8:30

In-person registration

 

 

9:00

Greeting

 

 

9:05

Welcome and Program Overview

 

Jeffrey M. Smith

 

 

9:15

Spoilation, Misrepresentation and Omission Issues (Professionalism)

 

Michael J. King, Greenberg Traurig LLP, Atlanta, GA

 

 

9:45

Legal and Illegal Investigation Techniques Used by Lawyers (Professionalism)

 

Jeffrey M. Smith
Michael J. King

 

 

10:15

Break

 

 

10:30

Differences Between the Georgia and ABA Rules of Professional Conduct (Ethics)

 

Paula J. Frederick, State Bar of Georgia, Atlanta, GA

 

Jeffrey M. Smith

 

 

11:30

Update on Legal Malpractice Cases (Ethics)

 

Jeffrey M. Smith

 

 

12:30

Adjourn

 

Handouts

Speaker

Mr. Jeffrey M. Smith's Profile

Mr. Jeffrey M. Smith Related Seminars and Products

Greenberg Traurig LLP


A.  PRACTICE

Securities law, including ethics and malpractice litigation involving attorneys and accountants; entertainment industry joint ventures and audits; and food and beverage industry joint ventures and audits. 

B.  EDUCATION

Bachelor of Arts, summa cum laude, Phi Beta Kappa, University of Minnesota, 1970.  University of Malaya, Kuala Lumpur, Malaysia, 1966-67.  Juris Doctor, magna cum laude, Order of the Coif, University of Minnesota, 1973. Member, 1971-72, and President 1972-73, Minnesota Law Review.

 C.  HONORS AND AWARDS

 

  1. The Best Lawyers in America: Plaintiffs’ Legal Malpractice;
  2. The Best Lawyers in America: Defendants’ Legal Malpractice;
  3. The Best Lawyers in America: Corporate Law;
  4.   Who’s Who in American Law;
  5.  Who’s Who in America and;
  6.  Who’s Who in the World.

 

D.  SUMMARY OF TEACHING ACTIVITIES

 

  1. Semester courses in Ethics and Legal Malpractice at Duke, Emory and Vanderbilt Law Schools.
  2. Chair, 1983 – 2022, Georgia ICLE Professionalism, Ethics and Malpractice Seminar.
  3. Southwestern University of Finance and Economics: Guest Lecturer, English Language Instruction, 2013 (Chengdue, China).   
  4. Central University of Finance and Economics:  Honorary Professor and Guest Lecturer, Securities Laws, and Legal Opinions, 2008-present (Beijing, China).
  5. Suzhou Institute:  Guest Lecturer, Securities Regulation, 2009 (Suzhou, China).
  6. China Supreme Court: Guest Lecturer, Evolution of the Federal Securities Laws in the United States and comparison to China’s Securities Laws, May 13, 2008 (Beijing, China).   

 

E. PUBLICATION

 

1.  1976: Author, Preventing Legal Malpractice (West Publishing), the first book on this subject.
2.  1981:  Editor and reviewer, Levinson, Accountant’s Legal Liability (Harcourt Brace Jovanovich, Inc.).
3.  1999: Co-author, Fourth Edition of Preventing Legal Malpractice (Thomson/West).  4.  1985-2015:  Co-author, Legal Malpractice (Thomson/West), a five-volume, 7,000-page treatise.           
5.   2007-Present:  Co-author, Second, Third and Fourth Editions, Legal Opinions In Business   Transactions (American Bar Association), a three-volume, 2,000-page treatise. 
6.   2021: Co-editor, Harvard Professor Michael Witzel, The Veda in Kashmir (Harvard Press). 
7.   2023: (estimated):  Co-author with Harvard Professor Michael Witzel, Teaching English Strategically to Native Mandarin Speakers.

 


Mr. James Benjamin Finley's Profile

Mr. James Benjamin Finley Related Seminars and Products

The Finley Firm PC


Ben Finley is a native of Columbus, Georgia. In law school, Ben served as President of his class and was a member of the University of Georgia’s American Bar Association National Moot Court Team. Upon graduation from law school, he practiced in the areas of general civil litigation at Swift, Currie, McGhee & Hiers, LLP. Ben ultimately started his own firm and is licensed to practice law in the state and federal courts of Georgia and Alabama. Ben handles cases throughout the country in the areas of general civil litigation, particularly involving class actions and mass torts, commercial litigation, product liability, business torts, personal injury, and workers’ compensation. He has prosecuted and defended numerous multi-million dollar claims on behalf of individuals and corporations and has written several articles involving litigation and has served as a featured speaker at seminars throughout the Southeast in the area of civil litigation.
Ben also serves as a Special Assistant Attorney General (SAAG) on behalf of the State of Georgia handling litigated matters. As a SAAG, for the past 29 years, Ben has worked closely with the Law Department and has handled litigation matters on behalf of various state agencies including the Department of Community Health, Department of Transportation, and the State Board of Workers’ Compensation. Ben is also a certified Mediator and Arbitrator, and given his vast amount of practice experience, is well-suited to mediate or arbitrate nearly every type of civil matter. In 2005, he was featured in Georgia Trend Magazine “Top 40 Under 40, Best and Brightest Georgians” edition and was recently named a “Super Lawyer” in Atlanta Magazine’s Super Lawyer 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007 and 2006 editions. Ben serves on the Auburn University School of Business Advisory Council and was appointed to serve in that capacity by the Dean of the School of Business. He has also served as an adjunct professor at the University of Georgia School of Law where he taught a class he created entitled, “Beginning, Building and Maintaining a Law Practice.” He is AV-rated as a trial attorney.


Mr. Michael James King's Profile

Mr. Michael James King Related Seminars and Products

Greenberg Traurig LLP


Michael J. King
SHAREHOLDER
kingm@gtlaw.com


Michael J. King responds to the legal needs of business clients confronted with actual and potential litigation controversies. In addition to trial work, Mike provides risk management counseling to clients. In a varied business practice, he has represented clients with respect to internal disputes involving corporations, limited liability companies and partnerships, contract interpretation, real estate, trademark infringement and unfair competition, creditors' rights, landlord rights, libel defense, and business torts (including RICO).


Mike also represents clients in disputes in fiduciary matters involving officers, directors, trustees and executors. He has appeared in cases in 26 states, and also has broad experience in appellate work, arbitration and mediation.


Concentrations

Commercial • litigation • Media
• Landlord and tenant


Capabilities 

Litigation | Appeals & Legal Issues | Real Estate Operations | Trial Practice | Trade Secrets | Media & Entertainment Litigation

Experience

Representative Matters

  • Obtained a defense verdict directed by Court of Appeals in $28 million claim for tortious interference with contractual and business relations. 
  • Obtained a motion to dismiss $26 million claim for fraud and breach of contract regarding a television station acquisition. 
  • Obtained a summary judgment in $10 million action to imply post-closing duties into acquisition contract.
  • Appeared in trial and appellate courts on constitutional questions involving First Amendment reporters' rights, due process under the Fifth and Fourteenth Amendments and Commerce Clause issues under Article I.
  • Argued to the Eleventh Circuit sitting en banc that bankruptcy code requirements for filing involuntary cases are not subject matter jurisdictional.
  • Prosecuted and obtained injunctive and permanent relief in cases involving infringement of gasoline retailer’s trademarks. 
  • Obtained summary judgment in fraud case regarding multimillion-dollar management hospitality property, later affirmed by U.S. Court of Appeals.
  • Obtained a summary judgment in defense of lender in wrongful foreclosure action.
  • Obtained significant recovery on behalf of executor of estate against decedent's former business partner regarding use of partnership assets. 
  • Defended $9 million RICO claim involving a franchise internet service provider.
  • Appeared in numerous employee non-compete and restrictive covenant cases.
  • Represented plaintiffs and defendants in numerous majority/minority shareholder, limited liability company and partnership disputes. 
  • Represented businesses in tortious interference with contractual relations cases.
  • Obtained injunctive relief for restaurant chain to protect common law trade name.
  • Represented numerous businesses to protect corporate trade secrets and confidential information.
  • Represented buyers and sellers in transactional litigation, including post-closing adjustments, breach of warranties, recovery of earnest money and enforcement of confidentiality agreements. 
  • Defended television station affiliates in actions respecting network affiliation agreements. 
  • Represented corporations, shareholders and officers in fiduciary duty cases. 
  • Briefed appellate issues concerning application of key provision of Georgia Tort Reform Act sustaining dismissal of medical malpractice action. 
  • Briefed and presented oral argument in medical malpractice case before Court of Appeals upholding jury verdict in favor of doctor.
  • In Re: Trusted Net Media Holdings, LLC v. The Morrison Agency, Inc., 550 F.3d 1035 (11th Cir. 2008)(en banc).
  • Atlantech Inc. v. American Panel Corp., 540 F. Supp. 2d 274 (D. Mass. 2008).
  • Carlisle v. Abend, 288 Ga. App. 150, 653 S.E.2d 388 (2007).
  • Spacht v. Troyer, 288 Ga. App. 898, 655 S.E.2d 656 (2007). 
  • The Boeing Company v. Blane International Group, Inc., 276 Ga. App. 672, 624 S.E.2d 227 (2005). 
  • AGA, LLC v. Rubin, 243 Ga. App. 772, 533 • S.E.2d 804 (2000).
  •  Aaron Rents, Inc. v. Fourteenth Street Venture, L.P., 243 Ga. App. 746, 533 S.E.2d 759 (2000). 
  • Birdsong v. Enforcer Products, Inc., 235 Ga. App. 132, 508 S.E.2d 769 (1998).
  •  Grand Partners Joint Venture I v. Realtax Resource, Inc., 225 Ga. App. 409, 483 S.E.2d 922 (1997).
  • Warren v. The Health and Welfare Fund of the Central States Southeast and Southwest Areas, 752 F. Supp. 452 (M.D. Ga. 1990).
  • Badische Corporation v. Caylor, 825 F.2d 399 (11th Cir. 1987).
  • Badische Corporation v. Caylor, 257 Ga. 131, 356 S.E.2d 198 (1987).
  • Brown v. Morris Real Estate Consultants, Inc., 256 Ga. 269, 347 S.E.2d 563 (1986).
  • Edelschick v. Blanchard, 177 Ga. App. 410, 339 S.E.2d 628 (1985).

Recognition & Leadership

Awards & Accolades

  • Listed, The Best Lawyers in America, Appellate Practice; Commercial Litigation, 2015-2023 
  • Listed, Super Lawyers magazine, Georgia Super Lawyers, 2007-2023
  • Team Member, The American Lawyer’s “Regional Litigation Department of the Year - Georgia,” 2018 and 2021
  •  Listed, Georgia Trend magazine, "Legal Elite," 2008-2013
  •  Team Member, a Law360 "Appellate Practice Group of the Year," 2010
  •  

• Rated, AV Preeminent® 5.0 out of 5.0

°AV , AV Preeminent , Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Professional & Community Involvement

  • Member, Greater North Fulton Chamber of Commerce
  • Sacristan and Building Committee, St. Brigid Catholic Church
  • Commissioner, City of Alpharetta Recreation and Parks Commission, 2005-2010

Credentials


Education

  • J.D., University of North Carolina School of Law, 1984
  • Member Order of Barristers 
  • Member, Holderness Moot Court Bench
  • B.A., History, University of Virginia, 1981
  • Awarded special honors

 

Admissions

 

  • Georgia

 

News,  Insights & Events


February 10, 2023 PRESS RELEASE

24 Greenberg Traurig Attorneys Recognized in Georgia Super Lawyers 2023 Edition


February 17, 2022 PRESS RELEASE

21 Greenberg Traurig Attorneys Recognized in 2022 Edition of Georgia
Super Lawyers


February 22, 2021 NEWS

28 Greenberg Traurig Attorneys Recognized in 2021 Edition of Georgia
Super Lawyers

August 24, 2020 PRESS RELEASE

26 Greenberg Traurig Atlanta Attorneys Listed in Best Lawyers in America
2021



 


Ms. Paula J. Frederick's Profile

Ms. Paula J. Frederick Related Seminars and Products

Former General Counsel

State Bar of Georgia


Paula Frederick retired from her role as General Counsel of the State Bar of Georgia in January 2025. She served in the Office of the General Counsel for a total of 36 years, rising through the ranks as an Assistant General Counsel handling lawyer disciplinary cases,  as Deputy General Counsel with management and supervisory responsibility, and,  beginning in 2009, as General Counsel for the organization.  The State Bar of Georgia is a unified bar organization with over 55,000 members. As General Counsel Ms. Frederick led an 11-lawyer office responsible for interpreting the ethics rules for lawyers, prosecuting lawyer discipline cases, and providing legal advice to the officers and directors of the Bar. She authored over 100 ethics articles for the Georgia Bar Journal and has presented hundreds of continuing legal education programs on issues of lawyer ethics and professionalism.  

A native of Riverside, California, Ms. Frederick attended Duke University in Durham, North Carolina and earned her Bachelor of Arts degree in political science in May 1979.  She is a 1982 graduate of Vanderbilt University School of Law, where she served as Associate Articles Editor for the Vanderbilt Journal of Transnational Law.  Prior to her work at the State Bar of Georgia, Ms. Frederick spent six years as a lawyer with the Atlanta Legal Aid Society handling civil legal matters for low-income people.   

Ms. Frederick was the first African American president of the Atlanta Bar Association, which reached 6,000 members during her presidency and is the largest voluntary bar association in the southeast.  Her focus as president was on pro bono projects and programs to benefit the Atlanta community.  She was president of the Georgia Association of Black Women Attorneys in 1998 and is also an active member of the Gate City Bar Association. 

Ms. Frederick is actively involved with the American Bar Association, where she chairs the Coordinating Council of the Center for Professional Responsibility.  She has an extensive history of service within the ABA, and in the past chaired the Standing Committee on Professional Regulation, the Standing Committee on Ethics and Professional Responsibility, and the ABA Diversity Center. She currently serves as co-chair of the Decennial Review Commission and is Secretary of the Government/Public Sector Lawyers Division.  She has been a delegate in the ABA House of Delegates for more than 25 years. 
In Atlanta, Ms. Frederick sits on the Board of Georgia Appleseed Center for Law & Justice. In the past she has served on the Boards of the Atlanta Bar Foundation, the Grant Park Conservancy, Vox Teen Communications, the Atlanta Volunteer Lawyers Foundation, the Georgia Legal Services Foundation, and the American Civil Liberties Union of Georgia.  She served on the City of Atlanta Board of Ethics from 1997 through 1999. 

Ms. Frederick is AV-rated by Martindale-Hubbell®.  Upon her retirement the Supreme Court of Georgia presented her with its Amicus Curiae award in recognition of her service “as a guiding hand in upholding the integrity of the practice of law in Georgia.”  In 2025 she received a Lifetime Achievement Award from the State Bar of Georgia Young Lawyers Division. In 2014 the Georgia Association of Black Women Attorneys awarded her the Leah Ward Sears Award for Distinguished Service to the Profession. She was a 2004 inductee into the Gate City Bar Association Hall of Fame, and a recipient of the Charles Watkins Award for distinguished and sustained service to the Atlanta Bar Association.  She was the 2002 recipient of the Kessler Award from the Georgia Association for Women Lawyers.  In 2001 she was honored with a leadership award from the Emory Law School Public Interest Committee and a community service award from the Black American Law Students Association at the Georgia State University School of Law.  In 1995 she was State Bar of Georgia Employee of the Year. 


Important Information

Please be advised that your credit will not be reported to the State Bar of Georgia CLE Regulation Department until after you have completed the steps necessary to earn credit for that program. 

Self reporting is required for all other jurisdictions.

The information presented is solely for educational purposes. The opinions expressed by the faculty in their materials and presentations are their own and do not necessarily reflect the opinions of the State Bar of Georgia, its officers, directors and/or employees. The faculty is not engaged in rendering legal or other professional advice and these presentations and publications are not a substitute for the advice of an attorney. All publications and presentations were created to serve the continuing legal education needs of practicing attorneys.

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